Section 17-3323. CONDUCT OF HEARINGS

 

3323.1All hearings before a board shall be open to the public.

 

3323.2At a hearing before a board, at least a majority of the members of a board shall be required to be present to hear the evidence and render a decision.

 

3323.3A respondent entitled to a hearing has the following rights:

 

(a)To be represented by an attorney in accordance with § 3319;

 

(b)To present all relevant evidence by means of witnesses and books, papers, and other means;

 

(c)To examine all opposing witnesses on any matter relevant to the issues; and

 

(d)To have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other evidence, upon making a written request to a board.

 

3323.4A board may, grant or deny a motion for a continuance, and shall deny a motion for a continuance unless the motion:

 

(a)In the opinion of a board, set forth good cause for a continuance; and

 

(b)Is filed at least two (2) business days before the date on which the hearing is to be held, except for extraordinary and unforeseen reasons such as the sudden illness of a party or a party's counsel.

 

3323.4Conflicting engagements of counsel, absence of counsel, or the employment of new counsel may be considered to constitute good cause for a continuance of a hearing only if set forth in a motion filed promptly after notice of the hearing has been given.

 

3323.6After a hearing, and within time limits established by a board, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

 

source

Final Rulemaking published at 35 DCR 3488, 3506 (May 13, 1988).